CITE
18 USC Sec. 892 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS
HEAD
Sec. 892. Making extortionate extensions of credit
STATUTE
(a) Whoever makes any extortionate extension of credit, or
conspires to do so, shall be fined under this title or imprisoned
not more than 20 years, or both.
(b) In any prosecution under this section, if it is shown that
all of the following factors were present in connection with the
extension of credit in question, there is prima facie evidence that
the extension of credit was extortionate, but this subsection is
nonexclusive and in no way limits the effect or applicability of
subsection (a):
(1) The repayment of the extension of credit, or the
performance of any promise given in consideration thereof, would
be unenforceable, through civil judicial processes against the
debtor
(A) in the jurisdiction within which the debtor, if a natural
person, resided or
(B) in every jurisdiction within which the debtor, if other
than a natural person, was incorporated or qualified to do
business
at the time the extension of credit was made.
(2) The extension of credit was made at a rate of interest in
excess of an annual rate of 45 per centum calculated according to
the actuarial method of allocating payments made on a debt
between principal and interest, pursuant to which a payment is
applied first to the accumulated interest and the balance is
applied to the unpaid principal.
(3) At the time the extension of credit was made, the debtor
reasonably believed that either
(A) one or more extensions of credit by the creditor had been
collected or attempted to be collected by extortionate means,
or the nonrepayment thereof had been punished by extortionate
means; or
(B) the creditor had a reputation for the use of extortionate
means to collect extensions of credit or to punish the
nonrepayment thereof.
(4) Upon the making of the extension of credit, the total of
the extensions of credit by the creditor to the debtor then
outstanding, including any unpaid interest or similar charges,
exceeded $100.
(c) In any prosecution under this section, if evidence has been
introduced tending to show the existence of any of the
circumstances described in subsection (b)(1) or (b)(2), and direct
evidence of the actual belief of the debtor as to the creditor's
collection practices is not available, then for the purpose of
showing the understanding of the debtor and the creditor at the
time the extension of credit was made, the court may in its
discretion allow evidence to be introduced tending to show the
reputation as to collection practices of the creditor in any
community of which the debtor was a member at the time of the
extension.
SOURCE
(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82
Stat. 160; amended Pub. L. 103-322, title XXXIII, Sec.
330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $10,000".